[Federal Register Volume 75, Number 90 (Tuesday, May 11, 2010)]
[Notices]
[Page 26202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11036]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2010-OS-0064]


U.S. Court of Appeals for the Armed Forces Proposed Rules Changes

ACTION: Notice of proposed change to the Rules of Practice and 
Procedure of the United States Court of Appeals for the Armed Forces.

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SUMMARY: This notice announces the following proposed change to Rule 
30A(a) of the Rules of Practice and Procedure, United States Court of 
Appeals for the Armed Forces.

DATES: Comments on the proposed change must be received within 30 days 
of the date of this notice.

ADDRESSES: You may submit comments, identified by docket number and 
title by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
     Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, OSD Mailroom 3C843, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at http://regulations.gov as they are received without change, 
including personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: William A. DeCicco, Clerk of the 
Court, telephone (202) 761-1448.

    Dated: May 5, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

Rule 30A(a)

    Rule 30A(a) currently reads:
    (a) General. The Court will normally not consider any facts outside 
of the record established at the trial and the Court of Criminal 
Appeals.
    The proposed change to Rule 30A(a) would read:
    (a) General. The Court will normally not consider any facts outside 
of the record established at the trial and the Court of Criminal 
Appeals. Requests to consider factual material that is not contained in 
the record shall be presented by a motion to supplement the record 
filed pursuant to Rule 30. The motion shall include statements 
explaining why the matter was not raised previously at trial or before 
the Court of Criminal Appeals and why it is appropriate to be 
considered for the first time in this Court. Motions filed pursuant to 
this Rule will be granted only for good cause shown.
    Comment: The proposed change establishes a procedure for properly 
presenting a request to the Court to consider evidence that is not in 
the record. The rule requires a party to explain in a motion why the 
Court may consider the evidence although it was not considered 
previously and is not part of the record. The rule also contains a 
standard for granting motions under the rule.

[FR Doc. 2010-11036 Filed 5-10-10; 8:45 am]
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